Hi, I have one question,
I came to US on Fiance visa in October 1998. Got married right away and applied for adjustment of Status. The approval took very long time and I got my status adjusted to permanent resident in May 2000. In 2001 I got notice for divorce petition from my spouse.The divorce was final in October 2002.But I applied for my I-751 Removing Conditions from residence in May 2002 because I didn't want to miss the 2 year date. I told INS everything that was true.I got the call for an interview in April 2003 and I proved that I was married to my spouse in good faith and not to evade the law. I finally got my I-751 petition approved and got my greencard. Now the question I have is when should I apply for citizenship. I asked many people including my lawyer who was with me in I-751 interview. According to him, if I am divorced before the third anniverssary of my marriage after I got my initial greencard, I will have to wait for 5 years. When I asked the immigration officer who took the I-751 interview, she told me to file because it is already three years since I got my residency approved and my wife was US citizen. It doesn't matter if I got divorced or not. Is it true that I can apply right now ? If yes, what happenes, if BCIS rejects my N-400 application for naturalization ?
If No, how long should I wait from here ?
My visa was K1 and I finished all the procedure as an immigrant when I came to US first time in October 1998. Why BCIS don't consider the first two years that I stayed in US and Paid Tax while my application was taking time forever ?

Any help would be appreciated. If someone with detailed knowledge about citizenship rules and regulations, Please help me.

Thanks,

Chi Chi

how come you interview 4 years later? you need to interveiw 2 years after marriage. Congratualaitions on getting greencard despite divorce! if not married to citizen you must wait five years
look at card date of greencard is then clock starts ticking

Varta is correct, but I must expand on this a little. If you file for naturalization and mark the box under the three year requirement you have to be a resident for three years, have 15 months physical presence, and be married to the same USC for the three years. You have to meet the requirements at the time you file the application and at the time you naturalize. Even if you meet the requirements when you file, then get divorced, then the BCIS takes two years to interview you and you have five years of residence, your application will be denied. Wait until you have five years of residence, chichi, then file for naturalization.

This is very basic. I can understand that kind of bad advice from the 1-800#, but from an adjudicator? You should send a letter to the District Director of that office regarding the misinformation you received. It won't help you, but it will stop that officer from giving someone else bad advice.

The Grand Poo-Bah
Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs